Print Friendly HOUSE BILL NO. 569 – Elevator Safety Code Act
HOUSE BILL NO. 569
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
ELEVATOR SAFETY CODE ACT - Amends and adds to existing law relating to
elevator safety to set forth legislative findings and intent; to define
terms; to provide for enforcement and rulemaking authority; to provide
scope and exemptions; to require that installation and periodic inspections
be performed by certain persons; to require permits; to provide for
responsibility for operation and maintenance of equipment and period tests;
to provide for certificates to operate; to provide that operation of a
conveyance without a certificate may be enjoined; to adopt safety codes; to
require inspections and tests; to set forth fee schedules; to provide for
annual renewal of certificates; to provide for inspection reports; to
provide that violations constitute misdemeanors; to set forth punishment;
to provide civil penalties; to require notice for violations; to set forth
nonliability provisions; to set forth provisions relating to accidents; and
to remove obsolete references to elevators.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to Bus
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet,
Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
NAYS -- None
Absent and excused -- Crow, Deal, Field(23), Jones, Mr. Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Com/HuRes
02/27 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 29-0-6
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
NAYS -- None
Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
Floor Sponsor - Noble
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - To Governor
04/01 Governor signed
Session Law Chapter 359
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 569
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO ELEVATOR SAFETY; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF
3 A NEW CHAPTER 86, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO SET
4 FORTH LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS, TO PROVIDE FOR
5 ENFORCEMENT AND RULEMAKING AUTHORITY, TO PROVIDE SCOPE AND EXEMPTIONS, TO
6 REQUIRE THAT INSTALLATION AND PERIODIC INSPECTIONS BE PERFORMED BY CERTAIN
7 PERSONS, TO REQUIRE PERMITS, TO PROVIDE FOR THE SUBMISSION OF PERMIT
8 APPLICATIONS, TO REQUIRE POSTING OF PERMITS, TO PROVIDE EXCEPTIONS, TO
9 PROVIDE THAT PERMITS AND INSPECTIONS ARE NOT EXCLUSIVE REQUIREMENTS, TO
10 PROVIDE FOR THE RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT
11 AND PERIODIC TESTS, TO PROVIDE FOR TEMPORARY CERTIFICATES TO OPERATE, TO
12 PROVIDE FOR CERTIFICATES TO OPERATE, TO PROVIDE THAT OPERATION OF A CON-
13 VEYANCE WITHOUT A CERTIFICATE MAY BE ENJOINED, TO SET FORTH PROVISIONS
14 RELATING TO THE AUTHORITY OF THE ADMINISTRATOR TO ORDER THE DISCONTINUANCE
15 OF CERTAIN OPERATIONS, TO ADOPT SAFETY CODES, TO REQUIRE INSPECTIONS AND
16 TESTS, TO SET FORTH FEE SCHEDULES, TO PROVIDE FOR ANNUAL RENEWAL OF CER-
17 TIFICATES, TO PROVIDE FOR INSPECTION REPORTS, TO PROVIDE THAT VIOLATIONS
18 CONSTITUTE MISDEMEANORS AND TO SET FORTH PUNISHMENT, TO PROVIDE FOR CIVIL
19 PENALTIES, TO REQUIRE NOTICE OF VIOLATIONS, TO SET FORTH NONLIABILITY PRO-
20 VISIONS AND TO SET FORTH PROVISIONS RELATING TO ACCIDENTS; AMENDING SEC-
21 TION 39-4109, IDAHO CODE, TO REMOVE A REFERENCE TO AN ELEVATOR AND ESCALA-
22 TOR SAFETY CODE; AND AMENDING SECTION 72-720, IDAHO CODE, TO REMOVE A REF-
23 ERENCE TO ELEVATORS.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
26 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
27 ter 86, Title 39, Idaho Code, and to read as follows:
28 CHAPTER 86
29 IDAHO ELEVATOR SAFETY CODE ACT
30 39-8601. SHORT TITLE. This chapter shall be known and may be cited as the
31 "Elevator Safety Code Act."
32 39-8602. LEGISLATIVE FINDINGS AND INTENT. (1) The purpose of this chapter
33 is to provide for safety of life and limb and to ensure that the safe design,
34 mechanical and electrical operation, erection, installation, alteration, main-
35 tenance, inspection and repair of elevators, escalators, moving walks, plat-
36 form lifts, material lifts, and dumbwaiters, and all such operation, erection,
37 installation, alteration, maintenance, inspection and repair subject to the
38 provisions of this chapter shall be reasonably safe to persons and property
39 and in conformity with the provisions of this chapter. The use of unsafe and
40 defective lifting devices imposes a substantial probability of serious and
41 preventable injury to employees and the public exposed to unsafe conditions.
1 The prevention of these injuries and the protection of employees and the pub-
2 lic from unsafe conditions is in the best interest of the people of this
3 state. Personnel performing work covered by this chapter must, by documented
4 training or experience or both, be familiar with the operation and safety
5 functions of the components and equipment and be licensed in accordance with
6 this chapter. Training and experience shall include, but are not limited to,
7 recognizing the safety hazards and performing the procedures to which they are
8 assigned in conformance with the requirements of this chapter. This chapter
9 establishes the minimum acceptable standards for personnel performing all
10 inspections required in this chapter.
11 (2) This chapter is not intended to prevent the use of systems, methods
12 or devices of equivalent or superior quality, strength, fire resistance, code
13 effectiveness, durability and safety to those required by this chapter, pro-
14 vided that there is technical documentation to demonstrate the equivalency of
15 the system, method or device, as prescribed in this chapter and the rules
16 adopted under this chapter.
17 39-8603. DEFINITIONS. As used in this chapter, the terms defined in this
18 section shall have the following meanings unless the context clearly indicates
19 another meaning:
20 (1) "Administrator" means the administrator of the division of building
21 safety for the state of Idaho.
22 (2) "ANSI" means the American national standards institute.
23 (3) "ASME" means the American society of mechanical engineers.
24 (4) "Conveyance" includes elevators, escalators, moving walks, platform
25 lifts, material lifts, and dumbwaiters.
26 (5) "Division" means the Idaho division of building safety.
27 (6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a
28 car of limited size that is used exclusively for carrying materials and that
29 moves in guide rails and serves two (2) or more landings.
30 (7) "Elevator" means a hoisting or lowering machine equipped with a car
31 or platform that moves in guides and services two (2) or more floors or land-
32 ings of a building or structure.
33 (8) "Escalator" means a power-driven, inclined, continuous stairway used
34 for raising and lowering passengers.
35 (9) "Installation" means a complete conveyance including any hoistway,
36 hoistway enclosures and related construction, and all machinery and equipment
37 for its operation.
38 (a) "Existing installation" means an installation that has been completed
39 or upon which construction was commenced prior to July 1, 2004.
40 (b) "New installation" means any installation not classified as an exist-
41 ing installation by definition, or an existing conveyance moved to a new
42 location subsequent to July 1, 2004.
43 (10) "Maintenance" means a process of routine examination, lubrication,
44 cleaning, adjustment, and replacement of parts for the performance in accor-
45 dance with applicable code requirements.
46 (11) "Major alteration" means any change to equipment or other mainte-
47 nance, repair or replacement where work is defined by any applicable code
49 (12) "Material lift" means a hoisting and lowering mechanism normally
50 classified as an elevator, equipped with a car that moves within a guide sys-
51 tem installed at an angle of greater than seventy degrees (70 ) from the hori-
52 zontal, serving two (2) or more landings, for the purpose of transporting
53 materials which are manually or automatically loaded or unloaded.
54 (13) "Modernization" means the replacing or upgrading of any major operat-
1 ing component(s) of a conveyance.
2 (14) "Moving walks" means a type of passenger-carrying device on which
3 passengers stand or walk and in which the passenger-carrying surface remains
4 parallel to its direction of motion and is uninterrupted.
5 (15) "Owner" includes the designated agent or representative of the owner.
6 (16) "Platform lift" means a hoisting and lowering mechanism that moves
7 within a guide system and serves two (2) or more landings, and may include
8 vertical or inclined platform lifts used by persons who are mobility impaired.
9 (17) "Private residence" means a separate dwelling or a separate apartment
10 in a multiple dwelling occupied only by the members of a single family unit.
11 (18) "Qualified elevator inspector" or "QEI" means a person who is cur-
12 rently certified by the National Association of Elevator Safety Authorities
13 International (NAESA International) accredited certifying organization as
14 meeting the requirements of the NAESA International QEI-1 standard, and who is
15 employed by or under contract to the division of building safety.
16 (19) "Repair" means the process of rehabilitation, upgrading or replace-
17 ment of parts that are basically the same as the originals for the purpose of
18 ensuring performance in accordance with the applicable code requirements.
19 (20) "Replacement" means the substitution of a device or component in its
20 entirety with a new unit that is basically the same as the original for the
21 purpose of ensuring performance in accordance with the applicable code
23 39-8604. ENFORCEMENT. The administrator shall enforce the provisions of
24 this chapter. Local governments shall not adopt codes or institute enforcement
25 programs with regard to conveyances.
26 39-8605. ADMINISTRATOR'S RULEMAKING AUTHORITY. The administrator may
27 adopt rules and codes governing the operation, installation, alteration, main-
28 tenance, inspection and repair of conveyances and shall adopt minimum stan-
29 dards governing existing installations. The administrator may adopt such rules
30 and fees as are reasonably necessary to establish and administer the provi-
31 sions of this chapter.
32 39-8606. SCOPE -- EXEMPTIONS. The provisions of this chapter shall apply
33 to all conveyances within the state of Idaho except the following:
34 (1) Conveyances located in private residences;
35 (2) Conveyances in federally-owned facilities;
36 (3) Conveyances permanently removed from service or made effectively
37 inoperative; and
38 (4) Conveyances erected temporarily for use only during construction work
39 that are of such a design that they must be operated by a workman stationed at
40 the hoisting machine.
41 39-8607. INSPECTIONS. On and after July 1, 2004, all installations and
42 periodic inspections required by this chapter shall be performed by a QEI as
43 defined in this chapter.
44 39-8608. INSTALLATION PERMITS REQUIRED -- APPLICATION -- POSTING --
45 EXCEPTIONS -- OTHER LICENSES, PERMITS AND INSPECTIONS. (1) On and after July
46 1, 2004, it shall be unlawful for any person to do, or cause or permit to be
47 done, whether acting as principal, agent or employee, any installation or
48 major alteration of any conveyance in the state of Idaho without first procur-
49 ing an installation permit from the division of building safety authorizing
50 the work to be done.
1 (2) The owner of a conveyance shall submit an application for the permit
2 in a form that the division may prescribe. A copy of the plans or specifica-
3 tions for the installation, erection, major alteration, or relocation shall
4 be attached to the permit application.
5 (3) The permit issued by the division shall be kept posted conspicuously
6 at the site of installation.
7 (4) No installation permit is required for repairs and replacement nor-
8 mally necessary for maintenance and made with parts of equivalent materials,
9 strength and design, or for installations and major alterations that have been
10 commenced prior to July 1, 2004, or for new installations let for bid prior to
11 November 1, 2002.
12 (5) The installation permit and inspections required in this chapter are
13 not exclusive. Installations and major alterations of conveyances as herein
14 defined may be subject to licensing, permitting and inspection requirements
15 set forth in other provisions of law.
16 39-8609. RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT AND
17 FOR PERIODIC TESTS. (1) The person installing or altering a conveyance is
18 responsible for its operation and maintenance until the division has issued an
19 operating certificate for the conveyance. The owner is responsible for all
20 tests of a new, relocated or altered conveyance until the division has issued
21 an operating permit for the conveyance.
22 (2) The owner shall be responsible for the safe operation and proper
23 maintenance of the conveyance after the division has issued the operating cer-
24 tificate and also during the period of effectiveness of any temporary operat-
25 ing permit. The owner shall be responsible for assuring that all required
26 periodic tests are performed by a QEI as defined in this chapter.
27 39-8610. TEMPORARY CERTIFICATE TO OPERATE. A temporary certificate to
28 operate may be issued by the administrator and shall be effective for not more
29 than sixty (60) days. No temporary certificate shall be issued when life-
30 safety nonconformances are present. Before the expiration of sixty (60) days,
31 the conveyance shall be reinspected and a permanent certificate to operate
32 shall be issued or the conveyance shall be put out of service.
33 39-8611. CERTIFICATE TO OPERATE. (1) Inspection and certificate. No con-
34 veyance shall be placed into operation until an inspection has been performed
35 and a certificate to operate has been issued by the division.
36 (2) Inspection prior to issuance. A certificate to operate may be issued
37 only if, after a thorough inspection, the QEI finds that the conveyance meets
38 the required safety standards. If the conveyance is found to be unsafe, the
39 division shall prohibit the use of the conveyance until it is made safe.
40 (3) Term of certificate. A certificate to operate shall be in effect for
41 five (5) years, provided that the conveyance continues to meet the require-
42 ments of the appropriate codes as evidenced by annual inspections.
43 (4) Revocation of certificate. The certificate to operate shall remain
44 the property of the state of Idaho and may be revoked at any time if the con-
45 veyance fails to meet the requirements of the appropriate codes or if the
46 annual certification fee is not paid.
47 39-8612. OPERATION WITHOUT CERTIFICATE MAY BE ENJOINED. Whenever any con-
48 veyance is being operated without a certificate required by this chapter, the
49 administrator may apply to the district court of the county in which the con-
50 veyance is located for a temporary restraining order or a temporary or perma-
51 nent injunction restraining the operation of the conveyance until the division
1 issues a certificate to operate. Notwithstanding any other provision of law,
2 the division shall not be required to post a bond.
3 39-8613. ORDER TO DISCONTINUE OPERATION -- NOTICE -- CONDITIONS -- CON-
4 TENTS OF ORDER -- RESCISSION OF ORDER -- VIOLATION -- PENALTY -- RANDOM
5 INSPECTIONS. (1) The administrator may order the owner or person operating a
6 conveyance to discontinue the operation of a conveyance, and may place a
7 notice that states that the conveyance shall not be operated, in a conspicuous
8 place in the conveyance if the conveyance:
9 (a) Has not been constructed, installed, maintained or repaired in accor-
10 dance with the requirements of this chapter; or
11 (b) Has otherwise become unsafe.
12 (2) The administrator's order is effective immediately and shall not be
13 stayed by a request for an administrative hearing.
14 (3) The administrator shall prescribe a form for the order to discontinue
15 operation. The order shall specify why the conveyance violates this chapter or
16 is otherwise unsafe.
17 (4) The administrator shall rescind the order to discontinue operation if
18 the conveyance is fixed or modified to bring it into compliance with this
20 (5) An owner or a person that knowingly operates or allows the operation
21 of a conveyance in contravention of an order to discontinue operation, or that
22 removes a notice not to operate, is:
23 (a) Guilty of a misdemeanor; and
24 (b) Subject to a civil penalty.
25 (6) The division may conduct random on-site inspections and tests on
26 existing installations and may witness periodic inspections and testing in
27 order to ensure satisfactory performance.
28 (7) Administrative hearings of appeals from orders issued by the adminis-
29 trator shall be governed by the provisions of the Idaho administrative proce-
30 dure act, chapter 67, title 52, Idaho Code.
31 39-8614. ADOPTION OF CODES. The following codes, including updates and
32 addenda as set forth in the duly promulgated administrative rules, are hereby
33 adopted for all conveyances subject to this chapter:
34 (1) ANSI/ASME, Safety Code for Elevators and Escalators.
35 (2) ANSI/ASME, Guide for Inspection of Elevators, Escalators, and Moving
37 (3) ANSI/ASME, Safety Code for Existing Elevators and Escalators.
38 (4) ANSI/ASME, Guide for Emergency Personnel.
39 (5) ANSI/ASME, Standards for Elevator and Escalator Electrical Equipment.
40 (6) ANSI/ASME, Safety Requirements for Personnel Hoists and Employee Ele-
41 vators for Construction and Demolition of Operations.
42 (7) ICC/ANSI, American National Standard, Accessible and Usable Buildings
43 and Facilities.
44 (8) ANSI/ASME, Safety Standards for Platform Lifts and Stairway
46 (9) ASME, Standards for the Qualification of Elevator Inspectors.
47 39-8615. INSPECTIONS AND TESTS. Conveyances shall have an inspection per-
48 formed in accordance with ANSI/ASME standards set forth in section 39-8614,
49 Idaho Code. The following types of inspections are required:
50 (1) Acceptance. The initial inspection and tests of new or altered equip-
51 ment by a QEI to check for compliance with the applicable code requirements.
52 (2) Periodic. Periodic inspection and tests plus additional detailed
1 examination and operation of equipment at specified intervals performed by a
2 QEI to check for compliance with the applicable code requirements. Periodic
3 inspections are required at least every five (5) years.
4 (3) Routine. Annual examinations performed in compliance with applicable
5 codes to verify compliance with requirements.
6 39-8616. FEES. Fees to be charged by the division shall be as follows:
7 (1) Installation, alteration, modernization or relocation fee schedule.
8 Fees include one (1) plan review and certificate to operate, and two (2)
9 acceptance inspections (each inspection thereafter will incur a reinspection
11 (a) Certification fee:
12 (i) Traction and roped hydraulic elevator....................$1,500
13 (ii) Moving walk/escalator....................................$1,500
14 (iii) Hydraulic elevator.......................................$1,000
15 (iv) Platform lift/material lift/dumbwaiter.....................$750
16 (b) Reinspection fee:
17 (i) Traction and roped hydraulic elevator......................$500
18 (ii) Moving walk/escalator......................................$500
19 (iii) Hydraulic elevator.........................................$500
20 (iv) Platform lift/material lift/dumbwaiter.....................$250
21 (2) Annual certificate to operate fee schedule. Fees include annual cer-
22 tificate to operate and periodic inspection (every five (5) years):
23 (a) Certification fee:
24 (i) Traction and roped hydraulic elevator......................$225
25 (ii) Moving walk/escalator......................................$225
26 (iii) Hydraulic elevator.........................................$125
27 (iv) Platform lift/material lift/dumbwaiter.....................$100
28 (b) Reinspection fee:
29 (i) Traction and roped hydraulic elevator......................$225
30 (ii) Moving walk/escalator......................................$225
31 (iii) Hydraulic elevator.........................................$125
32 (iv) Platform lift/material lift/dumbwaiter.....................$100
33 (3) Temporary certificate to operate fee schedule (same as annual):
34 (a) Temporary certification fee:
35 (i) Traction and roped hydraulic elevator......................$225
36 (ii) Moving walk/escalator......................................$225
37 (iii) Hydraulic elevator.........................................$125
38 (iv) Platform lift/material lift/dumbwaiter.....................$100
39 (b) Reinspection fee:
40 (i) Traction and roped hydraulic elevator......................$225
41 (ii) Moving walk/escalator......................................$225
42 (iii) Hydraulic elevator.........................................$125
43 (iv) Platform lift/material lift/dumbwaiter.....................$100
44 (4) Application for initial certification (nonrefundable):
45 All conveyances........................................................$50
46 39-8617. ANNUAL RENEWAL. Certificates to operate shall be renewed annu-
47 ally by making application to the division on such forms as the division may
48 prescribe. Successful application shall require payment of the annual renewal
49 fee and submission of a satisfactory routine inspection form, provided how-
50 ever, that on each five (5) year anniversary of issuance of the certificate,
51 successful application shall require payment of the annual renewal fee and
52 submission of a satisfactory periodic inspection form.
1 39-8618. INSPECTION REPORTS. Within fifteen (15) days of completion of
2 the inspection, all inspection reports shall be filed with the division and a
3 copy shall be sent to the owner for corrective actions as required. Failure to
4 complete corrective actions within fifteen (15) days of receipt of the inspec-
5 tion report shall constitute grounds for the imposition of civil penalties and
6 such further action as the division may deem appropriate.
7 39-8619. VIOLATIONS -- MISDEMEANORS. (1) Any person who willfully vio-
8 lates any provision of this chapter or the duly promulgated rules hereunder is
9 guilty of a misdemeanor and, upon conviction, shall be punished by a fine of
10 not more than three hundred dollars ($300) or by imprisonment for not more
11 than six (6) months or by both such fine and imprisonment.
12 (2) A separate violation is deemed to have occurred with respect to each
13 conveyance not in compliance with this chapter. Each day such violation con-
14 tinues constitutes a separate offense.
15 39-8620. CIVIL PENALTY FOR VIOLATION OF CHAPTER -- NOTICE. (1) The admin-
16 istrator may assess a penalty against a person violating a provision of this
17 chapter. The penalty shall be not more than five hundred dollars ($500) per
18 violation. Each day that the violation continues is a separate violation and
19 is subject to a separate penalty.
20 (2) The administrator shall notify the violator of his action and the
21 reasons for his action in writing. The administrator shall send the notice by
22 certified mail to the violator's last known address. The notice shall inform
23 the violator that a hearing may be requested under the provisions of the Idaho
24 administrative procedure act, chapter 52, title 67, Idaho Code. A request for
25 a hearing shall not stay the effect of the penalty.
26 39-8621. NO LIMITATION OR ASSUMPTION OF LIABILITY. This chapter shall not
27 be construed to relieve or lessen the responsibility of any person, firm or
28 corporation owning, operating, controlling, maintaining, erecting, construct-
29 ing, installing, altering, inspecting, testing or repairing any conveyance
30 covered by this chapter for damages to any person or property caused by any
31 defect therein, nor does the state assume any such liability or responsibility
32 for any liability to any person for whatever reason whatsoever by the adoption
33 of this chapter or any acts or omissions arising hereunder.
34 39-8622. ACCIDENTS -- REPORT AND INVESTIGATION -- CESSATION OF USE --
35 REMOVAL OF DAMAGED PARTS. The owner shall promptly notify the division of each
36 accident to a person requiring the service of a physician or resulting in a
37 disability exceeding one (1) day and shall afford the division every facility
38 for investigating and inspecting the accident. After being so notified, the
39 division shall without delay make an inspection and shall place on file a full
40 and complete report of the accident. The report shall detail all material
41 facts and information gathered as a part of the investigation and shall
42 include the potential cause or causes of the accident, as may be ascertained
43 by the division. The report shall be open to public inspection at all reason-
44 able hours. When an accident involves the failure or destruction of any part
45 of the construction or the operating mechanism of a conveyance, the use of the
46 conveyance is forbidden until it has been made safe, it has been reinspected,
47 any repairs, changes or alterations have been approved by the division, and a
48 permit has been issued by the division. The removal of any part of the damaged
49 construction or operating mechanism from the premises is forbidden until the
50 division grants permission to do so.
1 SECTION 2. That Section 39-4109, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-4109. APPLICATION OF CODES. The following codes are hereby adopted for
4 the state of Idaho division of building safety and shall only be applied by
5 local governments as prescribed by section 39-4116, Idaho Code:
6 (1) The 2000 International Building Code and appendices thereto pertain-
7 ing to building accessibility, not including the adoption of the incorporated
8 electrical codes, plumbing codes, fire codes or property maintenance codes
9 other than specifically referenced subjects or sections of the International
10 Fire Code, but including the incorporated International Residential Code;
11 International Mechanical Code; International Fuel Gas Code; International
12 Energy Conservation Code; for the 2000 edition of the International Building
13 Code, the requirements pertaining to accessibility for persons with disabili-
14 ties published by the International Code Council in the 2001 supplement to the
15 International Codes and rules promulgated by the board to provide equivalency
16 with the provisions of the Americans with disabilities act accessibility
17 guidelines and the fair housing act accessibility guidelines shall be
19 (2) The 2000 International Residential Code as published by the Interna-
20 tional Code Council, except for parts VII and VIII as they pertain to plumbing
21 and electrical requirements;
22 (3) The 2000 International Energy Conservation Code as published by the
23 International Code Council;
24 (4) The latest edition of the Uniform Mechanical Code, published by the
25 International Conference of Building Officials; and
26 (5) The 1997 Uniform Code for Building Conservation as published by the
27 International Conference of Building Officials ; and
28 (6) The Safety Code for Elevators and Escalators (ASME/ANSI A17.1) as
29 published by the American Society of Mechanical Engineers and the American
30 National Standards Institute.
31 SECTION 3. That Section 72-720, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 72-720. POWERS OF COMMISSION -- SAFETY. (1) Except as provided in subsec-
34 tion (2) of this section, whenever it receives a written request for an
35 inspection or has written documented information that any employer subject to
36 the commission's jurisdiction in worker safety matters is employing workers
37 in or about any structure, room or place of employment which is not con-
38 structed and maintained in conformity with reasonable standards of construc-
39 tion as shall render it safe, or is employing workers on, or with, tools,
40 equipment or machinery which are not equipped with safety devices, safeguards
41 or other means of protection well adapted to render employees and places of
42 employment safe, the commission is authorized to inspect such places of
43 employment, to compel such employer to cease employing workers in such places,
44 or on, or with, such tools, appliances or machinery, if they are deemed
45 unsafe, and, pursuant to the provisions of chapter 52, title 67, Idaho Code,
46 to adopt reasonable minimum safety standards.
47 (2) The provisions of this section requiring a written request or written
48 documentation prior to an inspection shall not apply to:
49 (a) Inspections conducted pursuant to rules promulgated by the commission
50 relating to the logging safety program, or elevators, boilers and pressure
51 vessels; or
52 (b) Inspections of buildings owned or maintained by a political subdivi-
1 sion of the state if such political subdivision has not, pursuant to chap-
2 ter 41, title 39, Idaho Code, adopted applicable building codes and insti-
3 tuted and implemented a code enforcement program; provided however, that
4 inspections by the commission of such buildings shall be conducted on an
5 annual basis only. For purposes of this subsection, "political subdivi-
6 sion" means any governmental unit or special district of the state of
STATEMENT OF PURPOSE
This bill adds a new Chapter 86 relating to elevator safety requirements to Title
39. The purpose is to ensure that the use of elevators, escalators, moving walks,
platform lifts, material lifts and dumbwaiters is reasonably safe.
Elevator safety is found only in Idaho Code Section 72-720 which relates to the
Industrial Commission and worker safety in the workplace. IDAPA 17.07.01, Safety
Rules for Elevators, Escalators and Moving Walks, are promulgated pursuant to the
authority granted the Industrial Commission. However, the rules do not grant the
authority to enforce the requirements of safety inspections. This legislation
provides the authority to the Division of Building Safety for enforcement and
rulemaking. It also establishes the requirements for a permitting process,
installations, inspections, types of certificates to operate, the adoption of
safety codes, sets forth fee schedules, sets forth nonliability provisions and
sets forth provisions relating to accidents.
The Division of Building Safety has record of approximately 860 elevators.
However, the private elevator companies doing business in Idaho estimate over
1,700. There are many elevators not being inspected or possibly never inspected.
In the past, only elevators have been inspected. This legislation expands the
inspections to include elevators, escalators, moving walks, platform lifts,
material lifts and dumbwaiters.
This bill also amends Section 39-4109, Idaho Code, removing a reference to an
elevator and escalator safety code. It also amends Section 72-720, Idaho Code,
removing a reference to elevators.
The estimated savings to the Industrial Commission Administrative fund is
$200,000 per year. These funds are transferred to the Division of Building Safety
for inspection of elevators.
Funds in support of this legislation will come from elevator registration, annual
certificate for operational and reinspection fees. Existing resources within the
industrial safety program will be utilized to start up the elevator program. The
elevator inspection program will be self-supporting within the first year.
Impact on the General Fund will be inspection of state and school elevators and
lifts; chair and platform. Estimated cost is $50,000 per year.
Based on 1,700 elevators (the figure provided by elevator companies), the annual
cost of Division of Building Safety inspection program is:
Personnel $208,700 -0-
Operating costs $ 65,800 $10,000
Capital outlay $ -0- $23,300
First year cost: $307,800
Contact: Bob Corbell
Building Owners and Managers Association
STATEMENT OF PURPOSE/FISCAL NOTE H 569